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(영문) 대전지방법원서산지원 2016.11.03 2016가합50367
어촌계장선출결의무효확인의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. Under Article 15 of the Fisheries Cooperatives Act, the Defendant is a fishing village fraternity (hereinafter referred to as the “Defendant fishing village fraternity”) established in the area where the members of the Korea-Pacific District D are located in accordance with Article 15 of the same Act, and the Plaintiff is a member of the Defendant fishing village fraternity.

B. On December 28, 2015, the members of the Defendant fishing village fraternity held a general meeting of the members of the fishing village fraternity and passed a resolution to select C as the head of the fishing village fraternity (hereinafter “instant resolution”).

C. The following provisions are applicable to the qualifications for and withdrawal from the fishing village fraternity members and the method of appointing the head of the fishing village fraternity among the articles of incorporation of Defendant fishing village fraternity:

Article 3 (Zone) The zones of this Sub-section shall be D members of Tae-gun, Chungcheongnam-gun, Chungcheongnam-do.

9.(Qualification as a member of an association) Any member of an association who resides in an area of this fraternity may join the association.

Article 16 (Withdrawal) (2) Any of the following persons shall automatically withdraw:

1. In a case where he does not reside in the area of this fraternity.

In such cases, whether it falls under paragraph (2) 1 shall be determined by resolution of the general meeting.

Article 38 (Appointment of Officers) (1) The leader shall be elected directly by the members of the Assembly from among the members of the Council.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1 to 7, witness E's testimony, fact-finding with respect to Franchisium of this court, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant fishing village fraternity located in the area as D members of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and at the time of the instant resolution, C was residing in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, other than the Defendant fishing village fraternity’s area, and thus, he was forced to withdraw from the Defendant fishing village fraternity pursuant to Article 16(2)1

According to Article 38(1) of the articles of incorporation of the Defendant fishing village fraternity, the president of the fishing village fraternity shall be elected from among the members of the fishing village fraternity by a resolution of the general meeting of the members of the fishing village fraternity. Thus, the resolution of this case, which was elected as the head of the fishing village

3. The board;

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